Jeedigunta Venkata Sai Anil Kumar v. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus in declaring the action of the Respondent No. 4 in not receiving, registering and releasing the Agreement of Sale Cum General Power of Attorney with Possession presented by the Petitioner over all that House No. 2-15311 (Assessment No.294),admeasuring 4100 Sq. Yards with Built up area of 100 Sq. Feats, with A.C.C. in Sy.No. 50/131 situated at [\/adanpally Village and Grampanchayat, Shamshabad fMandal, Ranga Reddy District basing on the notification dated 26-09-2013 issued Respondent No. 5 as illegal, arbitrary, violative of provisions of the registration Act, 1908. t lA NO: 1 OF 202s Petition under Section 151 CPC praying that in the ;ircumstances stated in the affidavit filed in support of the petition. the High Cr: ,rrl may be pleased to direct the Respondent No. 4 to receive, register and rel,: ar;e the document i.e., Agreement of Sale Cum General Power of Attorney witi l)ossession Petitioner over all that the House No. 2-15311 (Assessment No.294) ir lmeasuring 4'100 Sq. Yards with Built up area of 100 Sq. Feats, with A.C.C. in :1 ,,.No. 50/131 situated at lvladanpally Village and Grampanchayat, Shamshabad IV andal, Ranga Reddy District without reference to the notification dated 2 )- )9-2O13 of the 5th Respondent. Counsel for the Petitioner : SRI JAKKULA SRIDHAR Counsel for the Respondents : SMT.S.SRAVANTHI, . ASST.GP FOR STAMPS AND RE(;ISiTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRTT PETITION No.2 9149 of 2025 ORDER: Heard learned Counsel for the petitioner and Smt. s.Sravanthi, learned Assista,t Government pleader for Stamps and Registration appearing for the respondents and perused the material on record. With their consent, this writ petition is disposed of at the stage of admission itself. 2' Aggrieved by the action of the respondent No.4 in not receiving, registering and releasing the Agreement of Sa_le cum General power of Attorney with possession presented by the petitioner over a_ll that House No.2_ 1 53 / 1 (Assessment No.41OO), admeasuring 2TOO square yards with built up area of 1O0 square feet, with A.C.C. in Sy. No.50/ 1 3 1 situated at Madanpally Village ald Grampanchayat, Shamshabad Mandal, Ranga Reddy District basing on the Notification dated 26.09.2013 issued by respondent No.5, the petitioner frled the present writ petition. .- : -l 5 --'ri /> SK, J l| P No.29749 of 2025

3. Learned Assistart Government Pk irrler for Stamps and Registration submits that withor"l : presenting the document., the petitioner has appl'oa'll ted this Court seeking registration ol the document. f the petitioner presents the same before the Registerrr;1 authority, the respondents will receive the same and fol:cw the procedure as contenlplated under Section 71 of th: legistration Act, 1908 (for short, 'the Act, 1908J.

4. 'Ihe Section 71 of the Act, 1908, reai s as follows: Reasons for refusal to register to be ret: -,I ded.-- (l) Every Sub-Rcgistrar refusing t-, register a document, except on the groufld that -.t property to which it relatcs is not situated wile n his sub- district shall make an order.of refusaL a nd recorded his reasons for sttch order in his B'- o l No.2, ancl endorse the words "registration rel tsed" on thc document; and, on application made ry any person cxecuting or claiming under the do, Ll-nent, shall, u ithout payment and unneccssary. deL,l1 , give him a cop1, of the reasons so recorded. (2) No registering ofltcer shall accept 'r;r registratton a document so endorsed unless and u ltl1, under thc provisions hereinafter contained, th<' r I ocument is directed lo be registered. t 3 ST(, J W.P.No.29749 of 2O25

5. In view of the above made submissions coupled with the provision under Section 71 of the Act, 190g, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioner complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1g99. It will be open to the Registering Authority to refuse the document presented before him, if he has any objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner. It is made clear that this Court has not expressed aly opinion on merits of the case as to the entitlement of the petitioner to get the subject document registered. There shall be no order as to costs. 6 Miscellaneous Petitions, if any, pending in this writ petition shall stand closed //TRUE COPY// To,

1. The Principal Secretary, Stamps and Registration Telangana, HYderabad. SD/-MOHD. ISMAIL UTY REGISTRAR SECTION OFFICER p, Secretariat, State of

2. The Commissioner of Stamps and Registration, Government of Telangana' Hyderabad.

3.TheDistrictRegistrar,RegistrationandStamps,RangaReddyDistrict 4. The Sub Registrar, Shamshabad, Ranga Reddy District 5. The District Collector, Ranga Reddy District' =L - -,...-_--__*_-_ *t

6. One CC to SRI JAKKULA SRIDHAR, Advocate. [OPUC] 7. Two CCs to GP FOR STATUPS AND REGISTRATION, Hiqlt Court for the State of Telangana. [OUT]

8. Two CD Copies. BSK GJP \q- HIGH COURT DATED:2510912025 ,rt.' 'i.' \:... 10 i :r.[i ORDER WP.No.29149 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\C"e\I.L 6(\a2